Use of Data Terms and Conditions

the Researcher is undertaking an academic research Project that requires use of Data controlled by BioGrid Australia (Project);

the Researcher is authorised by his or her employer to agree to these BioGrid Australia terms and conditions; and

that prior to the Researcher’s use of the Data, the Researcher or the Researcher’s employer will have obtained all necessary ethics and other required regulatory approvals.

Use of Data in Projects

The Data may only be used by the Researcher for the Project for the term of the Project. The Researcher must not use the Data for any other purpose including, without limitation, commercialisation.

The Researcher must comply with:

all reasonable directions of the Project parties undertaking the Project made pursuant to the terms of any applicable collaboration agreement;

the applicable terms and conditions of any funding agreement; and

the terms and conditions agreed to by the Project parties with respect to the carrying out of the Project.

The Researcher will comply with all laws and regulations governing the carrying out of the Project including, where applicable;

the Intellectual Principles of Bio21; and

NHMRC National Principles of IP Management for Publicly Funded Research.

The Researcher acknowledges that, to the fullest extent permitted by law, any condition or warranty with respect to the Data which would otherwise be implied is hereby excluded.

BioGrid makes no warranty or representation whatsoever as to:

the safety of the Data; or

the likelihood of any value being derived from the use of the Data, or the success of the Project.

The Researcher uses the Data at its own risk and indemnifies and shall continue to indemnify each of BioGrid Australia and the relevant BioGrid Collaborators against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against any of them, whether on their own or jointly, in respect of any loss or damage incurred by BioGrid Australia or relevant BioGrid Collaborator arising out of the Researcher’s use of the Data or breach of these terms and conditions.

The Researcher acknowledges and agrees that BioGrid Australia holds the benefit of these terms and conditions on its own account and for and on behalf of the BioGrid Collaborators and each of the Project parties and each Project party may directly enforce these terms and conditions against the Researcher.

Intellectual Property

All Data made available to the Researcher for the conduct of the Project will be in de-identified form.

All Intellectual Property in the Data made available to the Researcher by BioGrid Australia under these terms and conditions is owned by and is the valuable intellectual Property of a BioGrid Australia collaborator or collaborators (the BioGrid Collaborator). The BioGrid Collaborator has licensed the Intellectual Property in the Data to BioGrid Australia for the purpose of the conduct of BioGrid Australia Projects.

The Researcher must hold the Data and Intellectual property developed in the conduct of the Project, and all information with respect thereto, in the strictest confidence and must only disclose the Data to other researchers undertaking the Project and then only on a need to know basis. The Researcher must not disclose the Data to other researchers unless those other researchers are employed by or are contractors of a Project party.

The Researcher is hereby granted a non-exclusive licence to use the Data for the conduct of the Project for the term of the Project.

Intellectual Property developed during the course of a Project (Project IP) shall, unless otherwise agreed by BioGrid Australia and the Project parties, be jointly owned by the Project parties as tenants in common in equal shares.

The Researcher shall, where appropriate and subject to laws with respect to inventorship, be named as an inventor on patents forming Project IP.

Commercialisation of Project IP must be agreed to by the Project Parties and BioGrid Australia. The Researcher must not do anything that will jeopardise the commercialisation of Project IP.

Privacy and Data Protection

The Researcher must comply with all applicable privacy legislation in relation to the use, disclosure and storage of the Data. Privacy legislation is summarised on the RMH Research web site and the NHMRC website.

The Researcher must comply with the following Data protection measures:

keep the Unique Subject Index (USI) and the local database identifier with the record –so the subject can be re-identified, if required for ethical reasons;

never publish or communicate Data where the sample size and Data would allow unintended identification. (e.g. Rare disease groups listed by Date of Birth);

always store the Data in a secure place (eg. password lock on electronic Data);

ensure the user name and password is secure and is not shared; and

comply with any other reasonable requests of BioGrid Australia with respect to the protection of the integrity of user names and passwords issued and the security of the BioGrid Australia Data.

Publication
The Researcher must obtain the written consent of the BioGrid Collaborator that owns the Data prior to publication of any manuscript or abstract intended for publication, any paper or abstract intended to be orally presented, any poster presentation or any thesis by a student required to be examined to complete academic qualifications for the making of an academic award, which contains any reference to any BioGrid Australia Data.

When publishing an abstract as a result of using BioGrid Australia, the Researcher must acknowledge the contribution of BioGrid Australia in a manner that ensures electronic referencing.

Other Terms and Conditions

Online Payments

Terms

All transactions are processed in Australian Dollars (AUD).

BioGrid Australia Ltd is endorsed by the Australian Tax Office as a Deductible Gift Recipient.

Donations over AUD$2.00 are fully tax deductible but are not refundable. A Tax Deductible Receipt will be posted or emailed for all donations over AUD$2.00 within 72 hours of receipt of payment provided that contact details are supplied.

Most banks and card issuers either cover all the charges that result from unauthorised use of your credit card, or may limit your liability to $50.00. In the unlikely event of unauthorised use of your credit card, you must notify your card provider in accordance with its reporting rules and procedures.